Dhirendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.1137 of 2019 Arising Out of PS. Case No.- Year-0 Thana- District- Aurangabad ====================================================== DHIRENDRA KUMAR S/o Sri Nand Kumar Singh R/o village- Satgawan, P.S.- Hariharganj, District- Palamu (Jharkhand). present residing at MohallaAahri, P.S.- Aurangabad (Town), District- Aurangabad ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Pratima Devi W/o Dhirendra Kumar, D/o Ganga Prasad Singh R/o villageSatgawan, P.S.- Hariharganj, District- Palamu (Jharkhand). At present residing at Mohalla- New Area, Naga Bigha, P.O.- Aurangabad, P.S.- Aurangabad (Town), District- Aurangabad ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhanu Pratap Singh For the Respondent/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 06-02-2020 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. Learned counsel for the opposite party No. 2 is also present.

The petitioner seeks to challenge the order dated 12.02.2019 passed by the Principal Judge, Family Court, Aurangabad, in Maintenance Case No. 133/2017 by which he has directed the petitioner to pay

Patna High Court CR. REV. No.1137 of 2019(5) dt.06-02-2020 2/3 maintenance of Rs. 8,000/- per month to the O.P. No. 2 and he further directed the petitioner to pay Rs. 1500/- as litigation cost to the O.P. No. 2.

Learned counsel for the petitioner submits that the amount fixed by the Court is exorbitant and deserves to be revised and, therefore, the petitioner has preferred the present application. He further submits that it was the opposite party No. 2 who herself has deserted him and was not living with the petitioner and, therefore, she is not entitled to the benefit of maintenance under Section 125 of the Cr. P.C.

Learned counsel appearing on behalf of the O.P. No. 2 submits that the petitioner is earning a respected salary and in the year 2015, it was Rs. 27097/- as he is a trained teacher and now his salary may have been enhanced even further. He thus submits that the application does not warrant any interference by this Court under its inherent jurisdiction.

Having considered the entire facts and circumstances of the case and on perusal of the orders, it appears that the Court has considered all aspects of the matter and directed payment of maintenance to the tune

Patna High Court CR. REV. No.1137 of 2019(5) dt.06-02-2020 3/3 of Rs. 8000/- per month.

The revision application thus stands dismissed. (Anjana Mishra, J) Saif/-sonali U T